Fresno County Municipal Code Ch. 2.44 Emergency Organization

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State Law reference— For statutory provisions authorizing cities an counties to establish disaster relief bodies, see Gov. Code § 8610 et seq. For the statutory provisions on the State Emergency Council's rules and regulations governing disaster service workers, see Gov. Code § 8580.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this county in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this county with all other public agencies, corporations, organizations and affected private persons.

(Ord. 419-A-3, § 1 (part), 1973; prior code, § 130)

Unless otherwise provided, the definitions set forth in the California Emergency Services Act (specifically Section 8558 of the Government Code) shall govern the interpretation of terms used in this chapter.

(Ord. 0-82-014, § 1, 1982; Ord. 419-A-3, § 1 (part), 1973; prior code, § 130.1)

The Fresno County disaster council is created and consists of the following members:

A. The director of emergency services, who shall be chairman of the disaster council;

B. The assistant director of emergency services, who shall be vice-chairman of the disaster council;

C. The members of the management advisory group as defined in the county master emergency services plan.

(Ord. 98-005, § 1; Ord. 0-82-014, § 2, 1982; Ord. 419-A-3, § 1 (part), 1973; prior code, § 131)

It shall be the duty of the Fresno County disaster council, and it is empowered, to develop and recommend for adoption or ratification by the board of supervisors emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairman, or in the chairman's absence from the county or inability to call such meeting, upon call of the vice-chairman.

(Ord. 98-005, § 2; Ord. 419-A-3, § 1 (part), 1973; prior code, § 131.1)

The county administrative officer shall serve as director of emergency services. The county administrative officer may appoint an assistant director of emergency services.

(Ord. 419-A-4, § 1, 1979; Ord. 419-A-3, § 1 (part), 1973; prior code, § 132)

The director of emergency services, or in the director's absence or unavailability the director's designee, is empowered to:

A. Request the board of supervisors to proclaim the existence, or threatened existence, of a local emergency if the board of supervisors is in session, or issue such proclamation if board members cannot be contacted in a timely manner. Whenever a local emergency is proclaimed by the director, it shall be subject to confirmation by the board of supervisors as soon as it can be summoned into an emergency session. Every effort will be made to convene a meeting of the board of supervisors within twenty-four hours of the director's proclamation, but in no case will confirmation be delayed beyond seven days. Such proclamation shall be reviewed by the board of supervisors at its regularly scheduled meetings until the local emergency is terminated, but in no case will a review be delayed beyond sixty days after the previous review. The proclamation shall be terminated at the earliest possible date that conditions warrant;

B. Recommend that the chairman of the board of supervisors request the Governor to proclaim a state of emergency when, in the opinion of the director, locally available resources are inadequate to cope with the emergency, and to initiate such a request when the chairman is unavailable;

C. Control and direct the effort of the emergency organization of this county for the accomplishment of the purposes of this chapter;

D. Resolve questions of authority and responsibility that may arise within the emergency organization;

E. Represent this county in all dealings with public or private agencies on matters pertaining to emergencies as defined herein including, but not limited to, timely updating and implementing of the master emergency services plan to comply with state laws and regulations pertaining to emergency organization and operations and providing such updates to the board of supervisors for ratification on the board's agenda for its first scheduled meeting during the month of December, beginning December, 1999, and at least once each year thereafter;

F. In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the director is empowered:

1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the board of supervisors. Once the board of supervisors has convened, no further rules or regulations shall be issued by the director without prior approval by the board;

2. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the county for the fair value thereof, and, if required immediately, to commandeer the same for public use;

3. To require emergency services of any county officer or employee and, to command the aid of as many citizens of this county as he deems necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers;

4. To requisition necessary personnel or material of any county department or agency; and

5. To execute all of his ordinary powers, all of the special powers conferred upon him by this chapter or by resolution or by activation of an emergency plan adopted by the board of supervisors, and by any other lawful authority.

(Ord. No. 21-004, § 1, 3-23-2021; Ord. No. 15-015, § 1, 6-2-2015; Ord. 98-005, § 3; Ord. 0-82-014, § 3, 1982; Ord. 616, § 1, 1980; Ord. 419-A-4, § 2, 1979; Ord. 419-A-3, § 1 (part), 1973; prior code, § 132.1)

All officers and employees of this county, together with those volunteer forces enrolled to aid them during any emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 2.4.4.060 (F)(3), are charged with the duties incident to the protection of life and property in this county during such emergency, and shall constitute the emergency organization of the county.

(Ord. 0-82-014, § 4, 1982; Ord. 419-A-3, § 1 (part), 1973; prior code, § 133)

The county master emergency services plan shall provide for the effective mobilization of all of the resources of this county, both public and private, to meet any condition constituting a local emergency; state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the board of supervisors.

(Ord. 98-005, § 4; Ord. 419-A-3, § 1 (part), 1973; prior code, § 134)

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the county.

(Ord. 419-A-3, § 1 (part), 1973; prior code, § 135)

It is a misdemeanor, punishable by a fine not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or both, for any person, during a declared state of emergency or local emergency to:

A. Wilfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued or authorized pursuant to this chapter;

B. Do any act forbidden by any lawful rule or regulation issued or authorized pursuant to this chapter, if such act is of such a nature as to imperil the lives or property of inhabitants of this county, or to prevent, hinder, or delay the protection thereof;

C. Wear, carry or display any means of identification or insignia issued by the director of emergency services with an intent to deceive or mislead or for the purpose of inducing the false impression that such person is engaged in the performance of authorized emergency services activity.

(Ord. 0-82-014, § 5, 1982; Ord. 419-A-3, § 1 (part), 1973; prior code, § 136)